Regulation Of The Minister Of Labour And Social Policy Of 29 May 1996 On How To Determine The Remuneration During The Period Of Performing The Work And The Remuneration Constituting The Basis For Calculating The Compensation, Severance Pay, Compensator...

Original Language Title: ROZPORZĄDZENIE MINISTRA PRACY I POLITYKI SOCJALNEJ z dnia 29 maja 1996 r. w sprawie sposobu ustalania wynagrodzenia w okresie niewykonywania pracy oraz wynagrodzenia stanowiącego podstawę obliczania odszkodowań, odpraw, dodatków wyrównawczych do wynagrodz

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On the basis of article. 297 of the labour code are managed as follows: § 1. In determining the salary: 1) for the time of unemployment, of employee przywróconemu to work (art. 47 and 57 § 1 and 2 of the labour code), 2) for the time to terminate the contract of employment, if it was applied the notice period shorter than the minimum required (article 49 of the labour code), 3) for the notice period or for period equal to the period of notice of employee odwołanemu position (article 70 paragraph 2 and article 72 paragraph 2 of the labour code) the principles governing the determination of the cash for the holidays.

§ 2. 1. the rules applicable in determining the cash for the holidays is also used to calculate: 1) compensation of the employee in respect of a reduced notice period employment contract duration not specified (article 361 § 1 of the labour code), 2) compensation of the employee in connection with the termination of the contract of employment in breach of the provisions of labour law (article 471, 50 § 1 and 4, and article 58 and 60 of the labour code) , 3) compensation of an employee who has terminated the employment contract without notice due to serious breach by the employer of the basic obligations to the employee (article 55 section 11 of the labour code), 4) compensation of employers in the event of unjustified termination by the employee's contract of employment without notice (article 612 § 1 of the labour code), 5) compensation of the employee whose contract expires because of the death of the employer (article 632 § 2 of the labour code) 6) constituting the check-in employee, whose employment relationship has terminated as a result of the mandate (article 75 of the labour code), 7) monetary clearance attributable to a worker in connection with the retirement or survivor's pension (article 921 § 1 of the labour code), 8) check-in death attributable to family of deceased employee (article 93 paragraph 2 of the labour code), 9) compensation of the employee in connection with the results within the time limit or the release of the wrong certificate (article 99 § 2 of the labour code) , 10) the amount of a one-day salary to the objectives set out in article 1. 108 section 3 of the labour code, 11) compensation of employee młodocianemu in case of termination of his contract of employment due to the lack of the ability to provide alternative work is not life-threatening health (article 201 of the labour code § 2).

2. the Compensation referred to in paragraph 1. 1 points 3, 4 and 5, rights of remuneration for a period of two weeks, represent half of the monthly amount determined according to the rules provided for in paragraph 1. 1. § 2a. Salary, compensation and other charges shall be determined in the amount of salary for one day or a multiple of salary for one day, is calculated by dividing the monthly amount determined according to the rules applicable in determining the cash for the holidays, by the coefficient referred to in § 13 para. 2, and then multiplying by the number of days for which the salary, compensation or other payment shall be determined.

§ 3. The amount of remuneration for the purposes of determining the amount of compensation for damage caused by the worker to the employer (art. 119 of the labour code) shall be calculated according to the rules applicable in determining the cash payment for vacation, without taking into account the changes in the terms of the compensation or the amount of components of remuneration that were made after the date of the injury.

§ 4. 1. In determining the salary of a specified percentage for the purposes of calculating remuneration: for non-work, if the employee was ready for its implementation, and for involuntary employee downtime (article 81 § 1 of the labour code), for overtime (article 1511 of § 3 of the labour code) and compensation for on-call time (article 1515 of § 3 of the labour code) the principles applicable in determining the remuneration for the holiday.

2. For the purposes of calculating the import duties referred to in paragraph 1. 1 per one hour: 1) according to the components of remuneration referred to in the rate of the monthly fixed-rate divided by the number of hours of work per to be worked in a given month, 2) according to the variable remuneration component-remuneration fixed by the rules referred to in paragraph 1. 1 divided by the number of hours worked by the employee in the period, which is the salary.

§ 4a. In determining the royalties referred to in § 4 paragraph 2. 1, for employees receiving salary resulting from personal, specific monthly rate, salary for 1 hour is determined by dividing the monthly pay rate by the number of hours of work per to be worked in a given month.

§ 4b. In determining the additional compensation due under art. 1518 § 1 of the labour code, night work hour minimum salary provided for in that provision is divided by the number of hours of work per to be worked in a given month.

§ 5. 1. In determining the salary for time off from work and for performing the work, when the regulations provide the behavior by an employee of the right to remuneration shall be applicable in determining the remuneration for the holiday, except that components of remuneration shall be determined in the amount of the average is calculated from the month in which was an exemption from work or period of inactivity.

2. [1] in determining the remuneration for the period of: 1) dismissal from the obligation to perform work during the period of notice (article 362 of the labour code), 2) exempt employees who are pregnant or nursing a child breastfeeding from the obligation to perform work (article 179 paragraph 5 of the labour code) the principles applicable in determining the remuneration for the holiday.

§ 5a. [2] provision of § 5. 1 shall apply mutatis mutandis in determining remuneration for the full monthly working hours in the case referred to in article. 1512 § 2 of the labour code.

§ 6. (repealed).

§ 7. 1. Compensatory supplement to wages which: 1) employees who are pregnant or nursing a child breastfeeding (article 179 article 4 of the labour code), 2) to the worker, found indications to the formation of occupational disease (article 230 § 2 of the labour code), 3) worker who has become unable to perform his job as a result of an accident at work or occupational disease (article 231 of the labour code), represents the difference between the remuneration of the period preceding the transfer and after you move the worker to another job.

2. the remuneration for the purpose of determining the compensatory supplement is calculated according to the rules applicable in determining the remuneration for the holiday.

§ 8. Compensatory supplement to remuneration according to the components of remuneration referred to in the monthly rates at constant height is reduced for each day of work for which the employee after another work to instruct the shall not be entitled to remuneration for work. For this purpose, the amount of the compensatory supplement is divided by the factor referred to in § 13 para. 2 (a) in the case of the receipt by the employee remuneration referred to in article 1. 92 of the labour code or the allowance provided for in the law on social insurance cash benefits in the sickness and maternity-30; the result is multiplied by the number of days for which the employee was entitled to remuneration or benefits and received the amount deducted from the compensatory supplement.

§ 9. 1. The basis for the calculation of the compensatory supplement to pay, according to the components of remuneration set out in hourly rates or for different period of less than one month and variable components of remuneration paid for periods not longer than one month, constitutes the consideration for the one day of the period preceding the transfer to another job. To this end, the remuneration established according to the rules set out in § 7 para. 2 is divided by the number of calendar days that the employee were entitled to compensation before moving.

2. In order to calculate the compensatory payment for monthly period, from the amount which is the product of the salary for one day, determined in accordance with paragraph 1. 1, and the number of days for which the employee after transfer to other work were entitled to remuneration, shall be deducted remuneration rights worker after the move.

§ 10. 1. The basis for the calculation of the compensatory supplement to pay, according to the components of remuneration paid for periods longer than one month, constitutes the consideration for the one day of the period preceding the transfer to another job, defined according to the rules applicable in determining the cash for a vacation, with the fact that remuneration shall be divided by the number of calendar days that the employee were entitled to compensation.

2. In order to calculate the compensatory payment for monthly period shall apply accordingly § 9, paragraph 1. 2. § 11. 1. In order to calculate the remuneration fixed in the fixed monthly rate, for every part of the month, if the employee for the remainder of this month has the remuneration referred to in article 1. 92 of the labour code, the monthly rate of pay divided by 30 and received the amount multiplied by the number of days indicated in the medical certificate for temporary incapacity to work due to illness. So the calculated amount of the remuneration shall be deducted from the remuneration due for the whole month.


2. the provision of paragraph 1. 1 shall apply mutatis mutandis in the case of absence of the employee at work, during which the employee is entitled to the grant provided for in the rules about cash benefits social insurance sickness and maternity benefits or in the legislation on social insurance by virtue of accidents at work and occupational diseases.

§ 12. 1. In order to calculate the remuneration fixed in the fixed monthly rate, for every part of the month, if the employee this month was absent for reasons other than incapacity for work due to illness, and by the time this absence does not retain the right to remuneration-monthly remuneration shall be divided by the number of hours per to be worked in a given month and the resulting amount is multiplied by the number of hours the employee absence at work for these reasons. So the calculated amount of the remuneration shall be deducted from the remuneration due for the whole month.

2. the provision of paragraph 1. 1 also applies when calculating the remuneration of an employee as established in the fixed monthly rate, the employee remains in the employment relationship does not include the full month.

§ 13. 1. Whenever it is mentioned in the regulation determining the salaries and other charges according to the rules applicable in determining the remuneration for a vacation or a cash payment for vacation, understands the principles stemming from the provisions of the regulation of the Minister of labour and social policy dated 8 January 1997 on detailed rules for the granting of annual leave, the determination and payment of remuneration for the holiday and cash for holiday (OJ No 2 , item. 14, 2002, no. 214, item. 1810 and the 2003 No. 230, item. 2290). 2. By used in § 8, in the second sentence, the term "factor" means the ratio referred to in section 19 of the regulation referred to in paragraph 1. 1. § 14. 1. Is repealed the Ordinance of the Minister of Labour, wages and Social Affairs dated 18 December 1974 on calculation of remuneration for non-time work, damages, compensatory allowances and certain other charges from an employment relationship (OJ No. 51, item 334 and 1976 # 40, item 238), subject to paragraph 2. 2 and 3.

2. for staff under provisional arrest on the day of the entry into force of this regulation, the rules for the calculation of their salaries, set out in section 6 of the regulation referred to in paragraph 1. 1.3. Compensation rights of the employee in connection with the results within the time limit or the release of the wrong job reviews, awarded starting from June 2, 1996, shall be determined according to the rules set out in section 7 of the regulation referred to in paragraph 1. 1. § 15. The regulation shall enter into force on 2 June 1996.

[1] § 5. 2 added by § 1 paragraph 1 of the regulation of the Minister of labour and social policy of 10 November 2015. amending the regulation on the method of determining remuneration during the period of performing the work and the remuneration constituting the basis for calculating the compensation, severance pay, compensatory allowances to salary and other charges as provided for in the labour code (OJ., 2000). The change went into effect February 22, 2016.

[2] § 5a is added to be determined by § 1 point 2 regulation of the Minister of labour and social policy of 10 November 2015. amending the regulation on the method of determining remuneration during the period of performing the work and the remuneration constituting the basis for calculating the compensation, severance pay, compensatory allowances to salary and other charges as provided for in the labour code (OJ., 2000). The change went into effect February 22, 2016.

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